Sandiganbayan junks demurrer request of ex-Bukidnon mayor
Published Jan 3, 2020 12:00 am
By Czarina Nicole Ong Ki
The Sandiganbayan Seventh Division has denied the motion for leave to file demurrer to evidence filed by former San Fernando Mayor Laurencia Edma of Bukidnon and her co-accused in relation to their graft charges involving the reportedly anomalous purchase of heavy equipment back in 2004.
Sandiganbayan (MANILA BULLETIN)
Edma is facing the charges together with municipal accountant Felipa Catanus, state auditor Carlito Matias, and Bernardita Basay. All three are also included in the motion for leave to file demurrer to evidence of Edma, while two other co-accused - municipal budget officer Nestor Lopez and private secretary Menchie Landicho did not file the same motion.
Their charges stemmed from the P14 million purchase of a brand new soil compactor from Monark Equipment Corporation through direct contracting instead of public bidding, which is in violation of the Government Procurement Act.
A demurrer to evidence is an objection made by the defense arguing that the evidence produced by the prosecution is insufficient in point of law and will not be enough to sustain a guilty verdict.
In their motion, Edma and her co-accused harped on the "hearsay" evidence of the prosecution, which they claimed violated the Best Evidence Rule and Section 40 of Presidential Decree 1445.
However, the anti-graft court noted in its resolution that the accused "haplessly" failed to attribute a specific ground for her demurrer.
"Where the motion itself gave this Court no specific ground on why leave should be granted, save for the allegation that the evidence was 'not sufficient' but which again failed to disclose particular facts why it was so, it is inevitable that it be struck at the outset," the resolution stated.
The court suggested that Edma and her co-accused "substantially refute" the evidence against them - "but only upon the ultimate disposition of the case."
The five-page resolution was penned by Seventh Division Chairperson Ma. Theresa Dolores Gomez-Estoesta with the concurrence of Associate Justices Zaldy Trespeses and Georgina Hidalgo.
Sandiganbayan (MANILA BULLETIN)
Edma is facing the charges together with municipal accountant Felipa Catanus, state auditor Carlito Matias, and Bernardita Basay. All three are also included in the motion for leave to file demurrer to evidence of Edma, while two other co-accused - municipal budget officer Nestor Lopez and private secretary Menchie Landicho did not file the same motion.
Their charges stemmed from the P14 million purchase of a brand new soil compactor from Monark Equipment Corporation through direct contracting instead of public bidding, which is in violation of the Government Procurement Act.
A demurrer to evidence is an objection made by the defense arguing that the evidence produced by the prosecution is insufficient in point of law and will not be enough to sustain a guilty verdict.
In their motion, Edma and her co-accused harped on the "hearsay" evidence of the prosecution, which they claimed violated the Best Evidence Rule and Section 40 of Presidential Decree 1445.
However, the anti-graft court noted in its resolution that the accused "haplessly" failed to attribute a specific ground for her demurrer.
"Where the motion itself gave this Court no specific ground on why leave should be granted, save for the allegation that the evidence was 'not sufficient' but which again failed to disclose particular facts why it was so, it is inevitable that it be struck at the outset," the resolution stated.
The court suggested that Edma and her co-accused "substantially refute" the evidence against them - "but only upon the ultimate disposition of the case."
The five-page resolution was penned by Seventh Division Chairperson Ma. Theresa Dolores Gomez-Estoesta with the concurrence of Associate Justices Zaldy Trespeses and Georgina Hidalgo.